Gangtok: In a significant ruling concerning the rights of temporary government employees, the High Court of Sikkim has ordered the reinstatement of four employees appointed under the One Family One Job (OFOJ) scheme and set aside the termination of another temporary employee whose claim for regularisation had not been considered before his discharge from service.
The judgments, delivered by Chief Justice A. Muhamed Mustaque on June 17 and uploaded on June 18, are expected to have wider implications for temporary employees who were terminated from government service in recent years.
In Writ Petition (Civil) No. 13 of 2025, filed by Kailash Subedi, Jyoti Lepcha, Priya Pradhan and Pravakar Pradhan, the High Court held that their termination from service under the OFOJ scheme was illegal and directed the State Government to reinstate them forthwith.
The petitioners had been appointed between 2018 and 2019 as a chowkidar, office attendants and an office assistant under various government departments. Their services were terminated in 2023 and 2024 on the ground that they were “no longer required.”
The court noted that the OFOJ scheme was introduced in 2019 to provide economic support to socially and economically weaker families by ensuring at least one earning member in each household. While appointments under the scheme are temporary and do not create a right to permanent government employment, the scheme prescribes specific conditions under which an employee’s services may be terminated.
The court found that the State had failed to establish that the petitioners had violated any condition of the scheme or that the posts occupied by them had been abolished. It also noted that the OFOJ scheme continues to remain in force.
Holding that the petitioners could not be removed arbitrarily, the court ruled that their discharge from service was contrary to the provisions of the scheme.
“The impugned orders are set aside. The petitioners shall be reinstated forthwith,” the court directed.
However, the court clarified that the State would not be barred from terminating their services in the future, provided any such action is taken strictly in accordance with the provisions and conditions of the scheme.
In a separate judgment in WP (C) No. 12 of 2025, the High Court granted relief to Bikash Pradhan, a Plant Operator engaged under the Public Health Engineering Department (PHED).
Pradhan had been engaged on April 12, 2016, and served continuously until February 28, 2024, when his services were terminated on the ground that the department no longer required his services.
The court noted that under a State Government notification dated February 9, 2024, the eligibility requirement for regularisation of temporary employees had been reduced from eight years to four years of continuous service. Since Pradhan had completed more than seven years of continuous service by that date, he had become eligible to be considered for regularisation.
Chief Justice Mustaque held that once such a right had accrued in favour of the petitioner, the department could not terminate his services without first considering his claim for regularisation.
The court set aside the termination order and directed the competent authority to examine Pradhan’s eligibility under the applicable government notifications and pass a reasoned order within four weeks.
The court further directed that if Pradhan is found eligible for regularisation, he shall be reinstated forthwith and the authorities shall also consider his entitlement to arrears of salary and other admissible benefits.
The two judgments have renewed attention on the long-running controversy surrounding the termination of temporary government employees in Sikkim.
The issue first surfaced after the change of government in 2019 when several employees appointed under the OFOJ scheme launched by the previous Sikkim Democratic Front (SDF) government were removed from service. Similar complaints were later raised by ad hoc and temporary employees who alleged that their terminations were politically motivated. The controversy resurfaced during 2023 and 2024 when another round of temporary employees reportedly received termination orders stating that their services were “no longer required.”
The matter eventually reached the High Court through writ petitions filed by affected employees, including Bikash Pradhan and others.
Welcoming the verdict, the Citizen Action Party (CAP) described the judgment as a major victory for constitutional rights and the rule of law.
Addressing a press conference in Gangtok on Wednesday, CAP spokesperson Albert Gurung said, “The High Court has made it clear that the government cannot hire and fire employees at will. There is a due process that must be followed, and no authority, including the Chief Minister, can act beyond the framework of the Constitution.”
Gurung claimed that more than 100 temporary employees were terminated between 2023 and 2024 without prior notice or adherence to legal procedures.
“Many of those affected had family members associated with opposition political parties,” he alleged.
According to Gurung, termination orders were issued through departmental notesheets carrying the remark, “service is no longer required,” before being executed through the Department of Personnel.
“When we approached the Department of Personnel, we were told that the government had the prerogative to hire and terminate temporary employees. We challenged that position before the High Court,” he said.
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The CAP spokesperson said the party’s legal cell, led by advocate Bikash Pradhan, had assisted affected employees in pursuing legal remedies before the High Court, while Senior Advocate Dr. Doma T. Bhutia represented the petitioners.
Expressing hope that the ruling would benefit other affected workers, Gurung said, “This verdict will set an important precedent for future cases involving temporary government employees. We hope all those who were affected receive justice.”
Stressing the wider significance of the judgment, he added, “Democracy can only function when citizens are free from fear and are able to exercise their rights without political pressure. This judgment reinforces that the Constitution is above all.”
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